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1998 Supreme(SC) 140

K.T.THOMAS, M.K.MUKHERJEE
Chandrakant Patil: Shyam K. Garikapati: Subhash Singh Thakur: Jayendra Thakur – Appellant
Versus
State Through C. B. I: State Through C. B. I: State Through C. B. I: Government National Capital Territory Of Delhi – Respondent


Judgment

Thomas, J.-After concurring with the finding that first accused Subhash Singh Thakur, second accused Jayendra Thakur @ Bhai Thakur; third accused Shyam Kishore Garikapati and fourth accused Chandrakant Patil are guilty of the offence under Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, for short ‘the TADA’, amd confirming the conviction of that offence we felt that the sen­tence of rigorous imprisonment for 5 years awarded by the trial Court to each of them is inadequate. Hence we issued notice to them on the proposal to enhance the sentence. The said accused, in reply to the notice, filed detailed written submission. We heard the arguments addressed by the senior counsel on behalf of those accused and also Shri V.R. Reddy, Addl. Solicitor General who argued for the Central Bureau of Investigation.

2. We may state at the outset that we would not, at this stage, review the finding regarding the conviction of the offence under Section 5 of TADA for the obvious reason that we confirmed the finding after con­sidering in detail the contentions raised by the accused and the elaborate arguments addressed by the learned counsel. Further, we have already





















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